The Netherlands Flashcards
What’s a decision (besluit) and where is it defined? What’s an order?
A decision (besluit) is an administrative act of general scope. An order is towards an individual. They’re found in Art. 1:3 and 1:3(2) GALA. It must be (i) written, (ii) issued by an administrative authority (Art. 1:1), (iii) general applicability (or individual if Art. 1:3(2)) and (iv) creates legal direct effect.
What different administrative orders are there in the Netherlands?
Besluit or beschikkingen. The first has general scope, while the second is addressed to an individual.
What are the requirements for proportionality in the Netherlands, and where is it defined?
The administration must weight the disadvantageous consequences against the aim which it intends to achieve. Art. 3:4(2) GALA.
Explain the principle of legitimate expectations
(i) “nature of the irregularity”, the administration would not have granted the subsidy if aware of errors, (ii) the responsible party for the mistake, the withdrawn is more problematic if it was the administration itself, (iii) knowledge of the recipient, (iv) activities already performed, and (v) date of withdrawn cannot take too long. Art. 4:49.
What is a Court competent to rule on?
Art. 8:1 GALA, administrative decisions
Which Court is competent to hear a claim?
1st instance district courts, Art. 8:6(1) GALA
What type of litigations will a claimant bring to Court? What are the possible outcomes?
The claimant can bring an appeal, Art. 8:1 GALA, and the possible judgments are laid down in Arts. 8:70. The outcome of these judgments are laid down in Art 8:72 GALA.
Is an objection necessary?
Yes, Art. 7:1, unless objections of Art. 7:1(a-g) apply. Dutch peculiarity: Art. 7:13 GALA.
What is the time limit?
6 weeks, Art. 6:7
How does one establish standing?
Art. 8:1 “party concerned” in conjunction with Art. 1:2: interest: direct and personal, actually involved and objective.
Is there suspensory effect or interim measures the claimant can rely on?
- No suspensory effect, underArt. 6:16.
- Interim measure can be granted by request, Art. 8:81 or 8:86
What happens in case of inaction from the Administration?
- An order must be issued within reasonable time, or no longer than 8 weeks, according to Art. 4:13 GALA.
- Art. 6:2(b) GALA stipulates that failure to take a decision is considered to be equal a decision which can be reviewed.
How can a third party establish standing?
Art. 8:1 conjunction Art. 1:2 GALA, interest: direct, personal and objective. In addition: relativity clause, Art. 8:69a GALA.
How can an association establish standing?
Art. 8:1 conjunction Art. 1:2(3) GALA, interested parties: (i) General and collective interest, (ii) look into statutes of the organization to determine objectives, and (iii) factual activities. Art. 8:69a moving towards recours subjectif.
Is ex officio motions possible?
The judge supplements the legal basis upon its own motion, but he may supplement the facts as well. However it is a party direct proceedings, and he is bound to what they want. Art. 8:69 GALA applicable here.
